A landowner who allegedly overturned an ESB machine in a dispute over tree trimming near high voltage power lines is seeking some €64,000 for damage he says was caused to his land during the works, the High Court has heard.
Tom O’Shea, of Wheelam, Milltown, Newbridge, Co Kildare, allegedly used a digger last May to overturn the tree trimming machine, with the operator still inside, the ESB told the court last July.
Before this, he told ESB workers he would “pull down the line” if they did not stop working on the trees on his land, the court heard.
The ESB requested an injunction from the court, preventing interference and allowing the works to proceed.
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Mr O’Shea, who has represented himself during the proceedings and has turned up in court pushing a rollator, agreed before the court in July to allow the ESB to carry out emergency works to make the line safe.
The ESB said the work was needed urgently on trees near the 110kV Cushaling-Newbridge overhead lines because of the danger of fire and blackouts.
Mr O’Shea agreed not to interfere with the works after the ESB agreed to get one of its staff to conduct further negotiations with him.
Previously, in 2009, Mr O’Shea interfered with tree trimming on land he owns and was brought before the High Court for breaching undertakings not to do so.
On Wednesday, Stephen Dodd SC, for the ESB, said the safety works were conducted over seven days following Mr O’Shea’s undertaking not to interfere. It was found there was an even greater danger to the public than anticipated, counsel said.
Mr O’Shea has complained about the state of his land after the works, Mr Dodd said. He sent documents to the ESB raising many historical grievances. Counsel said these are separate matters from the application to carry out the works.
Mr Dodd asked for some weeks to reply to an affidavit. The ESB had an expert assess the damage, which is a normal part of such works, and estimated that it would cost between €5,000 and €10,000 to rectify, he said.
The ESB offered him an ex gratia payment of €10,000, but he has not responded to that, counsel said.
Mr O’Shea told the court he got a quote from his own expert and the cost of repairing the damage “comes to an enormous amount of money; it is €64,387”.
He also wanted the case adjourned to January because he was concerned he would lose his Single Farm Payment from the Department of Agriculture if the damage was not repaired.
Mr Dodd said Mr O’Shea’s complaints, including about the Single Farm Payment, will be addressed in the ESB’s replying affidavit.
Mr Justice Brian Cregan adjourned the case until December.
